RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02131

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His first sergeant made homosexual advances towards him, which resulted in his having to be evaluated.  He also had a number of problems with his commander, particularly after he filed an Inspector General (IG) complaint.

He would like for his general discharge to be upgraded to honorable so that he can pass down a positive legacy to his son, who is following in his footsteps in serving his country.

In support of his appeal, the applicant provided an expanded statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 Sep 74.

On 11 Aug 76, the applicant’s commander notified him that he was initiating action against him with a view to effecting the applicant’s discharge because of numerous counselings for tardiness and being out of uniform, several letters of reprimand (LORs) for being late for work and not properly preparing for instructing a class of basic trainees, and Article 15 actions for failure to go to his appointed place of duty.  The applicant was advised that a general discharge would be recommended.

On 18 Aug 76, the evaluation officer advised the applicant of his rights, including his right to submit a rebuttal and make statements in his own behalf.  The applicant submitted a statement of rebuttal to the discharge action.  On 23 Aug 76, he reviewed the facts of the discharge case and personally interviewed the applicant.  He recommended the applicant be discharged with a general discharge.

On 30 Aug 76, the office of the Staff Judge Advocate found the discharge case file to be legally sufficient and recommended the applicant be furnished a general discharge.

On 1 Sep 76, the discharge authority approved the discharge action and directed the applicant be furnished a general discharge.

On 3 Sep 76, the applicant was discharged under the provisions of AFM 39-12 (Unsuitability - Apathy, Defective Attitudes and Inability to Expend Effort Constructively) and furnished a general discharge.  He was credited with 1 year, 11 months, and 25 days of active service.

The Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating that based on the documentation in the applicant’s records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the discretion of the discharge authority.  In their view, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting a change to his character of service.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 8 Oct 04 for review and response.  As of this date, no response has been received by this office (Exhibit E).

In response to the Board’s staff request for documentation pertaining to his activities since leaving the service, the applicant provided additional documentary evidence for the Board’s consideration, which is attached at Exhibit G.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  The evidence of record reflects that the applicant was discharged for unsuitability.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected.  However, we note that the applicant was discharged in 1976.  In view of the passage of time, and since it appears the applicant has made a successful transition to civilian life, we believe the continued stigma of the general discharge for the offenses committed no longer serves any useful purpose.  Therefore, we are of the opinion that upgrading the applicant’s discharge to honorable, based on clemency, would be appropriate in this case.  Accordingly, we recommend the applicant’s general discharge be upgraded to honorable.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 3 Sep 76, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered this application in Executive Session on 8 Dec 04, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-02131 was considered:

     Exhibit A.  DD Form 149, dated 7 Jul 04, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  Letter, AFPC/DPPRS, dated 29 Sep 04.
     Exhibit E.  Letter, SAF/MRBR, dated 8 Oct 04.
     Exhibit F.  Letter, AFBCMR, dated 19 Oct 04.
     Exhibit G.  Letter, applicant, dated 24 Oct 04, w/atch.

AFBCMR BC-2004-02131

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that on 3 Sep 76, he was honorably discharged and furnished an Honorable Discharge certificate.